AMIT VISHNOI Vs. VIVEK CHANDOK

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner/tenant under Article 227 of the Constitution of India for setting aside the impugned order dated 05.072024 (Annexure P-11), order dtd. 17/7/2024 (Annexure P-12) passed by the learned Executing Court in EXE-235-2024 titled as "Vivek Chandok Vs. Sh. Amit Vishnoi" as well as all consequential proceedings.

(2.) The brief facts of the case are that a registered lease deed dtd. 15/3/2018 was entered into between the petitioner and the respondent/landlord, whereby the petitioner was inducted as a tenant in residential villa (hereinafter referred to as "demised premises"). However, as the petitioner was in arrears of rent, the respondent filed Eviction Application before the Rent Controller, which was allowed vide order dtd. 24/5/2024 (Annexure P-8). The petitioner filed rent appeal against the said order, which is pending before the learned Additional District Judge, Gurugram. During this period, the respondent filed Execution Proceedings in which vide order dtd. 5/7/2024 (Annexure P-11) warrants of possession were issued against the petitioner. Further vide order dtd. 17/7/2024 (Annexure P-12), the learned Executing Court directed sale of articles left by the petitioner in the demised premises, through auction. Accordingly, present revision petition has been filed, praying that the impugned order dtd. 5/7/2024 (Annexure P- 11) and order dtd. 17/7/2024 (Annexure P-12) passed by the learned Executing Court as well as all consequential proceedings emanating therefrom be set aside and further direction be issued to the respondent/landlord to restore the possession of the petitioner in the demised premises; and that further proceedings before the learned Executing Court, Gurugram may be stayed during the pendency of the instant civil revision.

(3.) Ld. counsel for the petitioner inter alia submits that the impugned order dtd. 5/7/2024 (Annexure P-11) and the order dtd. 17/7/2024 (Annexure P-12) have been passed by the ld. Executing Court at the back of the petitioner. The said orders have been passed on the mistaken premise that the petitioner is in arrears of rent to the tune of Rs.45.00 lacs. Moreover, the Rent Appeal filed by the petitioner against the order dtd. 24/5/2024 was still pending before the learned Additional District Judge, Gurugram as is evident from zimni order dtd. 1/7/2024 (Annexure P-9). Yet, Execution Petition was filed and order dtd. 5/7/2024 (Annexure P-11) was passed whereby warrants of possession were issued against the petitioner. Further, great loss and injustice shall be caused to the petitioner if the said orders are not set aside.